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TODAY'S TOP DEVELOPMENTS |
Monday, June 9, 2014 |
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Industry news, expert analysis, and daily updates on the most significant insurance coverage legal developments—from the insurance and legal experts of The National Underwriter Company.
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Commercial General Liability
Duty to Defend Triggered Where Government Communicates “Explicit or Implicit Threat” of Consequences by Reason of Contamination, Washington Appeals Court Rules
An appellate court in Washington has ruled that the term “suit” in commercial general liability (“CGL”) insurance policies was ambiguous in the context of a duty to defend “any suit” when an owner of contaminated property faced strict liability under the Model Toxics Control Act (“MTCA”), Chapter 70.105D RCW. The appellate court also decided that such strict liability may trigger the duty to defend under CGL insurance policies even if no government agency has taken or overtly threatened formal legal action – at least where a government agency has communicated an explicit or implicit threat of immediate and severe consequences by reason of the contamination. Read More
Commercial General Liability
Did Pollutant, or Lack of Oxygen, Kill Sewer Worker? Issue Leads Court to Rule that Insurers May Have Duty to Indemnify Insureds
Although it found that insurance carriers did not have a duty to defend their insureds, a federal district court in Texas has ruled that they may have a duty to indemnify them, where an amended autopsy report raised a genuine issue of material fact as to whether a sewer worker’s death fell outside the policies’ pollution exclusion. Read More
Exclusions
Father Drew’s “Counseling Incident,” and Why a Court Rejected His Coverage Claim
A federal district court in New Jersey has ruled that an insurance company was not obligated to defend or indemnify a priest who allegedly had an affair with a parishioner and then was sued by her husband. Read More
Flood
Acknowledging Circuit Split, Federal Court Asserts Jurisdiction Over State Law Fraud Claim against Flood Insurer
The U.S. District Court for the Eastern District of New York, acknowledging a split among the circuits and issuing what appears to be the first decision in the Second Circuit Court of Appeals on the issue, has ruled that a state law fraud claim brought by an insured against the insured’s flood insurance company fell within the purview of 42 U.S.C. § 4072, part of the National Flood Insurance Act, such that the district court could assert federal jurisdiction. Read More |
View All Case Law Developments |
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In the States
Chair and President of Florida’s Citizens Property Insurance Seek Review of Insurer’s Post-Employment Ethical Guidelines
Citizens Property Insurance Corporation’s Board of Governors Chairman Chris Gardner and President/Chief Executive Officer and Executive Director Barry Gilway have asked Citizens’ Inspector General to review policies and procedures regarding post-Citizens employment to address questions raised about the ability of former employees to seek jobs in the private market. Read More
Life Insurance
Transamerica and MetLife Settle Minnesota’s Charges of Unpaid Life Insurance Benefits
Transamerica and MetLife have reached a settlement with the Minnesota Department of Commerce that requires both insurance companies to pay Minnesota beneficiaries their rightful proceeds from life insurance policies, annuity contracts, and retained asset accounts – and $4 million total in settlement payments to the state ($1.5 million from MetLife and $2.5 million from Transamerica). Read More
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View All Legislative/Regulatory Developments |
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John M. Goodwin Appointed President of Berkley Risk Administrators Company Read More |
The No. 1 Killer of Teens is Motor Vehicle Crashes, Report Says Read More |
Heritage Insurance Launches Commercial Residential Program Read More |
AIA Names Amanda Greenwold Wise Vice President and Chief Counsel for Federal Affairs Read More |
Assurity Life’s Thomas E. Henning Receives Forum 500 Distinguished Service Award Read More |
View All Industry News |
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INSURANCE COVERAGE
LAW REPORT |
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View Entire June Insurance Coverage Law Report |
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View Insurance Coverage Law Report Archives |
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FC&S Legal Editorial Advisory Board |
Mitchell J. Auslander, Willkie Farr & Gallagher LLP
Carrie Cope, Schuyler, Roche & Crisham, P.C.
Anjali C. Das, Wilson Elser
John F. Finnegan, Chadbourne & Parke LLP
Michele L. Jacobson, Stroock & Stroock & Lavan LLP
Timothy P. Law, Reed Smith LLP
Donald S. Malecki, Malecki, Deimling, Nielander &
Associates, LLC |
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Cort T. Malone, Anderson Kill & Olick, P.C.
D. Milone, Kelley Drye & Warren LLP
Joseph P. Monteleone, Rivkin Radler LLP
Anne M. Murray, Rivkin Radler LLP
Jerold Oshinsky, Kasowitz, Benson, Torres &
Friedman LLP
Seth B. Schafler, Proskauer Rose LLP
David D. Thamann, The National Underwriter Company |
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FC&S Daily Legal Report ($1,295 annual subscription) is included as part of your subscription to FC&S Legal: The Insurance Information Center. FC&S Daily Legal Report and The Insurance Coverage Law Report are publications of The National Underwriter Company. For more information, visit www.fcandslegal.com. To subscribe to FC&S Legal, please contact customer service at 1-800-543-0874 or customerservice@SummitProNets.com.
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FC&S Legal: The Insurance Coverage Law Information Center |
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